Legal Opinion

Matter of GuideOne Specialty Mut. Ins. Co. v. Cruz

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 2017No. 2015-09617Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated August 27, 2015, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, and the petition to permanently stay arbitration is granted.

The respondent William Sierra Cruz was involved in a car accident in which his vehicle was hit in the rear by a vehicle driven by nonparty Brendon Knapp. The vehicle Cruz was driving was insured by the petitioner, GuideOne Specialty…

2Cases cited6 opinions

  1. Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
  2. Progressive Northeastern Insurance v. McBrideAppellate Division of the Supreme Court of the State of New York · 2009
  3. State Farm Mutual Automobile Insurance v. LineroAppellate Division of the Supreme Court of the State of New York · 2004
  4. Liberty Mutual Insurance v. GallagherAppellate Division of the Supreme Court of the State of New York · 2009
  5. State Farm Mutual Automobile Insurance v. TubisAppellate Division of the Supreme Court of the State of New York · 2007

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